GOD'S MINISTRY
THROUGH HIS SON JESUS CHRIST OF NAZARETH
BY THE POWER OF THE HOLY SPIRIT
Revs. Mr. and Mrs. H. Dean Daniels
E-mail: gods-ministry@hdd-gods-ministry.com
Web-site: http://www.hdd-gods-ministry.com/
CORPORATE LAW
(U.C.C.) IS NOT
CONSTITUTIONAL
LAW - PART I
Constitutional
Law vs. Corporate Law:
Click Here To
Go To Our Video Page That Has Six (6) Videos on This Topic
Be it known to
all and “do not” misunderstand, Corporate law (Uniform Commercial
Code) “IS NOT” approved by or a part of, the Constitution of the United States
of America. They are “NOT” both one and the same or one a part of the
other!
Whereas,
In the
Constitution of the United States of America:
Amendment I: Freedom of speech,
religion, press, petition and assembly.
Congress shall make no law respecting an
establishment of religion, or
prohibiting the free exercise thereof;
or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.
Whereas,
Whereas,
There are fifty Free, Independent
Sovereign Commonwealth states. These fifty states are “Not”
incorporated and are “NOT” part of the fifty incorporated states. And
they are “NOT” subject unto those that are. The Commonwealth state(s)
abide by and have the Protection of the Constitution of The United States of
America and the Bill of Rights (regulated by Positive Law) otherwise called
(identified as) Common Law. The Common Law Individuals live (reside, dwell) in
the Free Commonwealth state(s).
Whereas,
The UCC authorities declares and
stipulates in their own Corporate Uniform Commercial (business practices) Code
that all signed and sworn subjects (people, citizens)
“voluntarily” become a slave, indentured servant(s) and willingly become
subjects to the IRS Inc. and swear unto the judge (District Director) that the
signer knew what they were doing when they signed (placed their seal) income
tax contract(s) (OMB numbered form(s)).
In actuality, most signers of the
unrevealed (indentured Servant) IRS Inc. Income tax forms, commit an act of
signing the OMB forms while under duress and by their being
threatened or intimidated by fear (involuntary servitude). Involuntary
servitude is a constitutional term for a person laboring against the
person's will to benefit another.
Internal Revenue Service Inc.
constantly, by their (IRS Inc.) use of the word(s) LABEL and LABEL HERE, they
(IRS Inc.) practice deception and without those words (meaning) being fully
disclosed or their specific intent of their actual meaning or truthful
declaration or a full disclosure being explained (disclosed) revealed or
declared unto the signer, that form is fraudulent by its deception and is
thereby null and void from its inception.
The below definitions to the words Label
and Codicil is defined as shown in Black’s Law Dictionary Abridged 6th
Ed.-5
[LABEL defined: anything appended to a
larger writing, as a codicil.]
[CODICIL defined: A supplement or an
addition to a will; it may explain, modify, add to, subtract from,
qualify, alter, restrain or revoke provisions in existing will. Such does
not purport to dispose of entire estate or to contain the entire will of
testator, nor does it ordinarily expressly or by necessary implication revoke
in toto a prior will.]
80-98% of the
people throughout the land are not aware, do not have a full disclosure
and still (placed their seal (signature) under penalty of perjury), continue to
sign unrevealed documents (OMB numbered forms which are for Federal Citizens
only), because either they are under duress (involuntary servitude) or they are
threatened, induced or intimidated to place their seal, signature, (hand
written name) thereby and therewith showing their confirmation of consent with
their intentional change of will by signing (placing their seal on that
document (unrevealed contract), which is a Codicil!
I am curious!
How many would still pledge their oath
under penalty of perjury to you Mr. Director if they knew the truth and were
not deceived by hidden deliberate deceptions and phrasing of words?
It is my further “opinion,” that if
there has “not been a full disclosure” to either of a party of the same
instrument (contract) stated, shown or declared “within” that same instrument
(contract) pertaining to the same contract (instrument) which was made between
all parties of that same contract (instrument), “before” that instrument
(contract) is signed by all parties of that instrument (contract) then that
same instrument (contract) becomes null and void from its inception.
Therefore, if there is NO UNDERSTANDING
by either party of a contract (instrument) that contract (instrument) becomes
null and void from its inception (this includes the best of contracts).
Whereas, there must be an understanding by both (all) parties involved
of a contract (instrument) before there can be a truthful and honest agreement
made. Otherwise, there is fraud involved and an error has occurred.
Further yet is the fact that, the
District of Columbia and those which are in concert with them (Mr. District
Director), pertaining to the Uniform Commercial Code (UCC) do NOT want anyone
to know about The Clearfield Doctrine and will swear that there is no such
thing as COMMON LAW or COMMON LAW RIGHTS for anyone, even though The
United States of America “Supreme Court,” The Constitution of The United States
of America and The Bill of Rights represent and “is” The Common Law of the
Land.
Whereas, the Clearfield Doctrine which
is found in the American Law Report of 1933 which specifies that there is NO “Federal”
Common Law (none for Federal Citizens).
However, there “are” Common Law
Rights “for” the Common Law Individuals which abide by The Bill of
Rights and the Constitution of the United States of America which live (reside)
in the Commonwealth state(s) of America.
The Corporate (Incorporated) State ‘includes all corporations” and is
totally different and separate from the Commonwealth state, these are two
entirely “separate” entities. They are “NOT” both one and the same.
All “citizen(s)” (person(s)) that “is”
an employee of a Corporation, “is” a servant (slave, indentured servant)
and is involved with, either by choice “or” agreement, involuntary servitude,
whereby many have been lied to, deceived, tricked or induced!
Whereas, all
churches
All Churches which become a 501 (c) 3
church (incorporated) are mandatorily required by the Internal Revenue
Service Inc. (under penalty of perjury), to worship (if they do worship) on the
“first” day of the week and not the seventh, therefore claiming the first
day of the week as their sabbath, whereby defying Almighty God our Holy
Creator and His Commandments. God gave Moses an additional six hundred thirteen
of which He (Almighty God) presented unto man to obey and worship HIM (Almighty
God) (Exodus 20:1-17, 8-11). Further God gave the entire Books of Law unto
Moses to give unto the People (Romans 10:12)!
REMEMBER, the
Internal Revenue Service Incorporated (IRS Inc.) or the International
Monetary Fund
(IMF) do NOT represent ACTUAL POSITIVE LAW!
According to the Uniform Commercial Code
(UCC) Churches and their members who are incorporated 501 (c) 3 entities must
swear under penalty of perjury follow and abide by all of the Corporation
guidelines (UCC statutes and by-laws which are Codes). Including all church
board members and must sign (swear) under penalty of perjury to abide by the
Church Incorporated’s by-laws, even if IRS Inc. and its practices and
principles of worship are against the LAWS and statutes (Commandments) of
ALMIGHTY GOD. Further, they must mandatorily file and sign (pledging their
oath) under penalty of perjury on IRS Inc. OMB numbered (so called income tax)
for Federal Citizen (only) forms, thereby and therewith maintain
accurate corporate records reporting to The IRS Inc. and abide by its sworn authority. Whereas,
should the Corporate church fail in any respect to abide by their (the
church) sworn and signed (signature, seal) guidelines (Code) not only falls
under the heading of forfeiture and therefore lose the right for tax exempt
status (protection) from IRS Inc. but can suffer other (IRS Inc.) penalties as
well. Also remember, Congress of the United States of America will NOT defend
“anyone,” that is not their purpose or intent!
Further
To confirm this above statement,
please read the 501 (c) 3 tax exempt request form and the oath (pledge) of
statement form, pertaining to religion and worship (churches), or for being an
income tax exempt or deductable entity on the application with Internal Revenue
Service Inc. (IRS, Inc.)!
Whereas
All incorporated states (fifty of them)
have their own constitution and pledge an oath pertaining to involuntary
servitude. They use the words Label, Label here, voluntary, voluntarily,
involuntary servitude, loosely and deceivingly, thereby committing fraud by
deception). Further, I suggest that you the reader take a good hard and
long look at each of the individual fifty states and their constitutions’
pertaining to freedom of worship and involuntary servitude and also study and
take another hard look at the 1st, 13th, and 14th
Amendments to the Constitution of The United States of America and another look
at the Bill of Rights. If that doesn’t shake a person, I don’t know what would,
knowing that everyone that is connected with Internal Revenue Service
Incorporated and other Corporations throughout the world. Their deliberately
and publicly (some not all), defying Almighty God (Yehovah), by disobeying The
Commandments of Yehovah (Exodus 20:10-17); Deut. 6: 4 Hear, O Israel: The Lord our God is one Lord:
Mark 12:29 And Jesus answered him, The first of all the
commandments is, Hear, O Israel; The Lord our God is one Lord:
Whereas,
REMEMBER,
there are two states of each state “in” the United States, ONE
of the States is Free and a Sovereign (debt free) COMMONWEALTH AMERICAN STATE (is
not a slave to anyone for any reason or purpose) and the OTHER is an
INCORPORATED state (is heavily under bondage and will go bankrupt within one
hours time when it is God’s time, (Revelations 18:17-19). Both flags have like
appearances to the other, yet each is different from the other).
Whereas,
In all actuality (truthfulness), there
is a total of “one hundred” states, fifty of them are incorporated, thereby abiding by the
Uniform Commercial Code (which is NOT positive law or actual law,
but have their own public policy statutes), which can carry the penalty
(weight) as law provided you are one of their subjects). Also, the Corporate
Citizen(s) (slave) does NOT have and can “NOT” claim the privilege and
protection of the “Constitution of the United States of America,” unless, the
crime is murder (murder is classified as a common law crime).
Whereas, the remaining “fifty”
states are each Independent, Free, Sovereign (not a debtor to anyone) and “are”
The Commonwealth Republic States, thereby abiding by The Constitution of The
United States of America and by the Bill of Rights, which “is” Positive Law
and “was passed” by Congress and made in to actual POSITIVE Law AND was
ratified!
The “two” Flags!
The “Commonwealth American
Flag” does “NOT” have a gold fringe around the outside of its
border (edge) and those which have sworn an oath unto it, have the
Constitution of The United States of America for their LEGAL, Positive LAW
protection. Its Individuals are also sovereign and free, including the Independent
(COMMONWEALTH) Republic Free States which abide by it and have sworn an oath
unto it to protect it! The Commonwealth American flag is the one which stands
on the outside and mostly above buildings and waves in the breeze as the winds
blow freely across it.
It is also the ONE which I pledge(d)
allegiance to, it is the ONE which I pledge my oath unto when I enlisted into
the United States of America Army and to the Republic for which it stands. I
swore an oath unto that grand old flag again when I re-enlisted into the United
States of America Air Force. Neither flag (when I presented my oath) bore the
gold fringe around the edges of its borders, Praise Almighty God!
Whereas, the lookalike flag has the gold
fringes around its borders (edges) is the Corporate (incorporated) flag,
which represents the law of the sea (British Admiralty or public policy) flag.
It stands inside of schools, court rooms, and beside the judges. It
represents slavery, indentured servants, involuntary servitude, Corporations,
Internal Revenue Service Incorporated and ALL that are bound by and have sworn
an oath unto the Uniform Commercial Code, Internal Revenue Service Inc, Social
Security Administration, International Monetary Fund, Agency for International
Development, New World Order and all of those that are in concert with them.
Whereas, the
Corporate States
and the Churches
Incorporated
teach, practice,
and approve of involuntary servitude
being a
practicing 501 (c) 3 organization
and they also
give a receipt as proof!
I wonder what
Almighty God Thinks about people disobeying Him (Almighty God)!
Let’s go on with
our lesson!
Within the
Constitution of the United States of America
Amendment XIII (1865)
Section
1.
Neither slavery nor involuntary
servitude,
except as a punishment for crime whereof the party shall have been duly
convicted, shall exist within the
United States, or any place subject to their jurisdiction.
As you read in
Amendment 14 below from the Constitution of the United States of America:
No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States,
In other words, NO STATE
(Commonwealth or Incorporated) shall abridge the privileges (make a law in
conflict with and that goes against or abridges the Constitution of The United
States of America). And if an individual voluntarily has signed (bound) himself
unto slavery in some way or by some means, that circumstance is STILL NOT
permitted and further abridges the 13th and 14th
Amendment to the Constitution of the United States of America and the
Constitution, but people are still doing it and going along with it and that is
even Corporate “Law,” but they still do it, because the People are afraid
(scared) not to, but yet they will fight in a war! They will gag at a gnat but
will swallow a camel!
Truthfully!
It is a shame that people of the world
blasphemy Almighty God (The Heavenly Father), Jesus The Christ (The Son of God)
in vein, people use The Holy Name of God Almighty and Jesus Christ as a by-word
(in vein) and will pledge oaths (swear oaths of fealty) unto the IRS Inc.,
Social Security, International Monetary Fund and so forth and wonder why this
nation and that nation is going to hell and the answer is: the people of the
world has chosen for it to be that way. That is what they want! They have
chosen evil, lying, cheating and stealing and killing. They prefer to shed
innocent blood and wonder why their life is the way that it is (Exodus 20:7;
Malachi 3:16; Leviticus 24:10-16, 23; Numbers 15:30-31; Leviticus 24:15-16;
Deuteronomy 5:11; Matthew 12:31-32).
A lot of people know that it is very
wrong to blasphemy The Holy Ghost, but they still blasphemy Almighty God and
Jesus Christ The Only Begotten Son of God. If you Blasphemy The Actual Supreme
Deity Most high you have Blasphemy the Holy Ghost (John 4:24 God is a Spirit: and they that worship him
must worship him in spirit and in truth).
And, Hebrews
6:4-6 For it is impossible for
those who were once enlightened, and have tasted of the heavenly gift, and were
made partakers of the Holy Ghost, [5] And have tasted the good word of God,
and the powers of the world to come, [6] If they shall fall away, to
renew them again unto repentance; seeing they crucify to themselves the Son
of God afresh, and put him to an open shame.
Almighty God by the Power of the Holy
Ghost and by the Blood of Jesus Christ gave many gifts unto the Nations and
they (the Nations) are throwing them all away. Some of these gifts are: the
ability to be Truthful (honest), Comfortable (without worry or
concern or restriction of peace), Freedom (ability to freely chose and
to live by it without reservation or recourse, Charitable (giving,
without restitution or restriction, freely ye have received freely give without
acquiring or requiring it again), an All Powerful God that Loves man to the
extent that He (God) sacrificed His (God) own Son on the Cross of Calvary,
shedding His (The Son of God) precious Blood that man might have redemption for
His (man’s) soul (2 Kings 24:3-4 , Proverbs 6:16-17, Isaiah 59:7, Romans
3:15-16, Joel 3:19) thereby FORGIVENESS for One’s own sins (Romans 10:1-13).
Therefore, God will not pardon Blasphemy
of the Holy Ghost or excuse or forgive the shedding of innocent Blood. Whereas
killing a child in its extreme youth (infancy) is also shedding innocent blood
before Almighty God and Almighty God sees all that do!
Everything being as it may, man
(Nations), have abridged every gift that Almighty God has freely given unto
man, and man has told God that they (man, Nations) did not like, want, need nor
desire not only “any” of God’s “gifts” to man but also “any” of God’s Truths,
Peace, Love, Charities, Intelligence, Protection from evil, Wisdom, Salvation
or Word of Truth and or Instructions in Righteousness.
(See below)
Amendment XIV: Privileges or immunities,
due process, elections and debt.
Section 1.
All persons born or naturalized
in the United States,
and subject to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside. No
State shall make or
enforce any law which shall
abridge the privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Also remember
and be aware!
The definition(s) of the word(s) such as
Citizen(s), people, person, subject(s), label(s) State(s), or state(s), each
(as such), have a very different meaning(s) (interpretation(s), pertaining to
law and will not be fully understood without explanation when the word(s)
pertain to law or the Uniform Commercial Code (public policy statutes).
NOTICE, NOTICE,
NOTICE
The reason that Title 26 of the
Uniform Commercial Code was “NEVER” passed by Congress and made into POSITIVE LAW was because; “No State”
shall make or enforce any law “which shall abridge” the
privileges or immunities of citizens of the United States according to
Amendment XIV section I of the Constitution of The United States of America;
whereas, the Uniform
Commercial Code “before it was a Code” and was yet a “bill,” it was presented
to the Senate and Congress for its proper passing to be made into POSITIVE LAW, Whereas its wording superseded
and was in direct conflicted with and
against the Constitution of The United States of America. Therefore, it was rejected (not permitted
to pass) and because of that fact, it must forever remain a Private Corporation
CODE and NOT Law. It therefore (by Constitutional POSITIVE LAW),
became a private Corporation Policy Statue (resolution),
law of the Sea which pertains to ships, imported slaves and ports and NOT the Law of the Land, which
further pertains to private corporations and their own independent corporate
by-laws (resolutions). Whereas, each corporation have (by Corporate Tribunal
Rules, statute) their own corporate president,
vice-president, secretary and treasury (independent private government
within each corporation and are subjects of their own rule) and are NOT the same (entity) as the
Government of The United States of America (but has the appearance of the
same).
The
next reason that Title 26 of the Uniform Commercial (Bill) Code was “NEVER” passed by Congress and made
into POSITIVE LAW was; under Constitutional LAW of The United States of
America, Amendment XIII (1865)
Section
1.
Neither slavery nor involuntary
servitude,
except as a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to
their jurisdiction.
If you the reader will notice,
slavery and Involuntary Servitude is very much
practiced and progressing strongly
in and within the confines of the Corporate United
States and each
incorporated State throughout the nation
Reader please remember again, The United
States and The United States OF America are “TWO” separate and
distinct entities. They are NOT
both one and the same. The United States “is” INCORPORATED AND The United States of America “is NOT”
incorporated. Whereas, the independent COMMONWEALTH
states of America are completely free, they abide by and swear an oath to, the
Constitution of The United States of America and the Bill of Rights.
Further
Commonwealth individuals have the Legal Right to claim The Constitution of the
United States of America and The Bill of Rights for their protection. Corporations do NOT!
Whereas
Subjects, Citizens, independent servitudes (Indentured Servants, slaves), are
Subjects, Citizens or Individuals of the Corporate State(s), Internal Revenue
Service (IRS) Inc., and those that are in concert with them.
Since
the early 1930’s, the Corporate United States have mainly abided by, classified
and claimed as their protection the Uniform Commercial Code, of which
they practice in their courts as law (Tribunal Courts law of torts) of which
they now swear an oath to and abide by, some have even denounced the
Constitution of The United States of America as their protection. Some Presidents
have tried to replace by rewriting The Constitution of The United States of
America. Many attempt to change the meaning of the Amendments to the
Constitution of the United States of America by editing and rewriting it (in
approx. 1993 or thereabouts).
Whereas,
“Without”
The Constitution of The United States of America and The Bill of Rights,
there is “NO” POSITIVE LAW (protection), simply because The Uniform
Commercial Code (UCC) Title 26 was
never passed by Congress and made into positive Law but was in conflict
with and against (abridged) the Constitution of the United States of America (Amendment XIV….. No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States.
ALSO
The
very minute that an individual has signed (place their signature upon the OMB
document) or they have placed their seal under penalty of perjury on ANY
form (document or card) containing an Office of Management and Budget (OMB)
number, they are signing (placing their seal) on forms which are already
designated (declared) for Federal Employee or for Federal use ONLY, such as,
the Uniform Commercial Code (International Revenue Service Incorporated)
Private Corporate documents. This may be hard to understand for some but true,
none the less!
Whereby
and wherewith, these documents are further, indentured servant contracts,
without that fact actually being fully disclosed (which is fraud by deception),
declared or shown (such as the Form 1040A U. S. Individual Income Tax Return (L)
OMB No.1545-0074 and for the year as they show on the form (OMB = Office
of Management and Budget)). NO
understanding pertaining to either party of a contract, causes that
contract to be void from its inception.
At
the top of that form is also printed, Department of the Treasury-Internal
Revenue Service and over to the right side at the top is printed IRS Use
Only--Do not write or staple in this space (in other words, the forms are ONLY
to be used by and pertain to Federal (Corporate) employees (associates),
indentured servants only (ones having no authority of their own in a Tribunal
Court, but must have proper representation)).
The
IRS Inc. income tax form does “NOT”
state, Department of the Treasury-of the United States. Instead and in all
actuality, the check (if you give IRS Inc. a check), is stamped and turned over
to the International Monetary Fund and those that are in concert with them.
Every
Corporation or entity that is “incorporated” must have their own government
within their own corporation such as President, Vice-president, Secretary and
Treasurer and is totally separate from The United States of America. In fact,
the United Federal States of America are also an incorporated entity and this
incorporated entity (which is often confused with the commonwealth which is not
an incorporated entity) is continually and deliberately confused with the
Federal incorporated States of America which is exactly what the ruling leaders
desire.
Not
one thin dime of the revenue which they (IRS Inc.) collect goes to The Federal
Government. The IRS Inc. does NOT collect money (revenue) for the
Federal Government.
HOWEVER!
The
UCC is the longest and most elaborate of the uniform acts. It has been a long-term,
joint project of the National Conference of Commissioners on Uniform State Laws
(NCCUSL) and the American Law Institute (ALI).
[1]
Judge Herbert F. Goodrich was the Chairman of the Editorial Board of the
original 1952 edition,
[2]
and the Code itself was drafted by some of the top legal scholars in the United
States, including Karl N. Llewellyn, Soia Mentschikoff, and Grant Gilmore.
The Code, as the product of private organizations, IS NOT itself the law,
but only recommendation of the laws that has the appearance of law
according to some states or their subjects. Once enacted in a state by the
state's legislature, it becomes Corporate law and is codified into the state’s code of statutes. When the Code
is adopted by a state, it may be adopted verbatim as written by ALI and NCCUSL
and claimed as law or may be
adopted with specific changes deemed necessary by the state legislature.
Unless such changes are minor, they can affect the purpose of the Code
in promoting uniformity of law among the various states, but still
remain corporate law (a resolution) and NOT an amendment to the Constitution of
the United States of America or the Bill of Rights (according to the 14th
Amendment to the Constitution of the United States of America).
The
ALI and NCCUSL have also established a permanent editorial board for the Code.
This board has issued a number of official comments and other published papers
concerning the Code. Although
these commentaries do not have the force of law, courts interpreting
the Code often cite them as persuasive authority in determining
the effect of one or more provisions. Courts interpreting the Code generally
seek to harmonize their interpretations with those of other states that have
adopted the same or a similar provision, except where specific aspects of the
Code were changed by that state when adopting it, or where other aspects of
state law require a different
decision.
The
Code, in one or another of its several revisions, has been enacted in
all of the 50 states, as well as in the District of Columbia, the
Commonwealth of Puerto Rico, Guam and the U.S. Virgin Islands. Louisiana
has enacted most provisions of the UCC with the exception of Article 2, preferring
to maintain its own civil law tradition for governing the sale of goods.
Again NOTICE NOTICE NOTICE
(Date of writing this article is July 21, year of
2008.
We add these below statements or the
sole purpose
of our further study (for which we give
our thanks and appreciation)!
U.S.
Constitution
America
is not SUPPOSED to be a Democracy !!
Wed
Mar 30, 2005 19:15
67.2.181.9
The
Difference Between A Republic and A Democracy
By
Michael Ruiz
Constitution
for the United States of America , Article IV Section, 4. The United States shall
guarantee to every State in this Union a Republican Form of
Government.
The
United States was founded upon the principles of a Constitutional Republic.
As the Constitution states we are guaranteed a Republican form
of government. The nation is NOT a democracy republic and we should demand
that our leaders, and ourselves, stop referring to the United States as such.
The United States should be spreading "Constitutional Republicanism"
throughout the world not democracy.
What
is the difference between a democracy and a republic?
"Republic,
A commonwealth; that form of government in which the administration of affairs
is open to all the citizens. In another sense, it signifies the state, independent
of its government." -Black's Law Dictionary 3rd Ed. p 1536.
Republic,
Authority is derived through the election, by the people, of public officials
best fitted to represent them. Attitude toward property is respect for laws and
individual rights, and a sensible economic procedure. Attitude toward law is
the administration of justice in accord with fixed principles and established
evidence, with a strict regard to consequences. A greater number of citizens
and extent of territory may be brought within its compass. Avoids the dangers
of either tyranny or mobocracy. Results in statesmanship, liberty, reason,
justice, contentment and progress. -U.S. Army training manual, 1928
"Democracy,
a government of the masses. Authority derived through mass meetings or any form
of direct _expression, which results in mobocracy. Attitude towards property is
communistic, negating property rights. Attitude towards the law is that the
majority shall regulate, whether it be based upon deliberation or governed by
passion, prejudice, and impulse, without restraint or regard to consequences.
Results in demagoguism, license, agitation, discontent, and anarchy."
-U.S.
Army training manual 1928
What
does that mean? Most people have been taught that the state is the government.
But here Black's Law Dictionary says the state is independent from the
government. In another place we find the word republic defined:
Republic
- "A state or nation in which the supreme power rests in all the
citizens... A state or nation with a president as its titular head;
distinguished from monarchy."
In
this definition we see again that the supreme power is in the hands of the
citizen-who is entitled to vote. The representatives are in charge of
administrating the affairs of government. In the third definition it states
that the singular executive is titular. Titular is defined as, "existing
in the title or name only."
It
should be obvious to the reader that the results democracy has had on our
Republic for the last 80 years has seriously imperiled the survival of the nation.
Before
we go farther it should be understood that in a republic a Freeman was free
from civil authority. The word Republic was used in the Constitution
because the Founders and separatists of the time knew its origins. It is a
shortened form of the Latin idiom "Libera res Publica" meaning "free
from things public." The heads of the government were
"titular" in authority, meaning they held authority "in name
only." In an indirect democracy the mob (majority) elects those that
govern the whole, while in a republic elected representatives wield limited
authority and they may not make laws EXCEPT by the will of the people.
Samuel
Adams stated, on August 1, 1770 within one month of the signing of the Declaration
of Independence:
"Our
Union is complete; our constitution composed, established, and approved.
You are now the guardians of your own liberties. We may justly address you, as
the decemviri did the Romans, and say:
"Nothing
that we propose can pass into law without your consent. Be yourself,
O Americans, the authors of those laws on which your happiness depends."
The
People are Sovereign
The
sovereignty of a state does not reside in the persons who fill the different
departments of its government, but in the People, from whom the government
emanated; and only the People may change it at their discretion. Sovereignty,
then, in this country, abides with the constituency, and NOT with the
agent; and this remark is true, both in reference to the federal and
state government.
"The
United States government is a foreign corporation with respect to a
state." 153/n re Merriam, 36 N.E. 505, 141N.Y. 479, affirmed 16S. Ct.
1073, 163 U.S. 625, 41 L.Ed 287; 20 CJS, Section 1785.
People
of a state are entitled to all the rights which formerly belonged to the king
by his prerogative. - Lansing v.
Smith,
21 D. 89
Today
the government is referenced as the United States Federal Democracy even though
at the beginnings of government the word Republic was the title most sought and
most used. Is there a difference? Of course there is. Everyone has seen the
results of democracy:
1. The decline
of morality
2. The decline
of individual liberty
3. The
demagoguery of political candidates
4. The
licentious disregard for the law that is evidenced daily by government
officials
5. The
discontent of the people for the political process
6. The abuses of
federal agencies and bureaucracies against citizens
Simply
stated' the differences between a republican and democratic form of government
are:
In
a Democracy, the will of the majority outweighs the will of the few, or of the
individual.
In
a Republic, the will of the individual outweighs the will of the few, or of the
majority.
In
a Republic,
the government cannot force you to give them anything that the Constitution
does not give them the power to take.
In
a Democracy, the government can take away anything that the "masses"
decide is legitimate to remove.
A
Republic finances itself through legitimate taxes and fees that were
specifically spelled out in its Constitution.
A
Democracy finances itself through illegitimate licenses, fees, fines,
and other statutory penalties, as well as repressive progressive income taxes,
(an added explanation here, the word income actually means profit (after
expenses are deducted and not all monies received).
What
exactly does this mean? It means that in a Democracy, whatever the masses
decide is right or law, is right and the law for "everyone."
Regardless if you like it or not, even if it tramples your right to own property
or exercise your individual liberty. In a Republic, no individual or any
majority or any group of people, no matter how large can supercede the rights
of any single individual citizen.
It is also important to understand and embrace the idea that politicians hold office to serve the constituents that elected them. They cannot make new law unless the People they represent demand it. Politicians do not hold office to promote their own ideologies or to promote their own activist agendas. They are not there to vote their conscience, they are there to vote the will of their constituents. If we do not tell them how to vote they shall not vote. The reason that some of the representatives in the original colonies did not vote to become members in the United States is because their constituents did not tell them to vote one way o